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CCCA_V7No4_CompetitionLaw-FIN_CCCA 13-11-25 12:53 PM Page 29 How a robust antitrust Feature compliance program can keep your company out of trouble By Yves Faguy The hazards of anti-competitive conduct O reasons are quite simple. Prevention helps keep ver the last two decades, lawmakers and competi- companies out of trouble. Through detection, com- tion agencies around the world have gone to great lengths to rein in anti-competitive conduct. Fines trouble. And finally, mitigation will help them imposed for antitrust offences have been raised to panies will know when they’re about to get into almost crippling levels. The United States and reduce any penalties when they do get into trouble.” Canada have moved to hold employees, directors The stakes are clearly too high for complacency and senior officers criminally accountable. Even to be an option. consumers have done their bit by getting behind For example, after an investigation by the several antitrust class actions. Competition Bureau, the Ontario Superior Court KATY LEMAY, ANNA GOODSON MANAGEMENT pliance programs in order to stay out of trouble. lion on a three-count indictment for its participa- In this environment, it’s crucial that corporate of Justice earlier this year fined Yazaki Corporation, counsel set up credible and workable antitrust com- a Japanese supplier of motor vehicle parts, $30-mil- “Antitrust compliance should be a significant tion in a bid-rigging conspiracy. It’s the largest fine ever ordered by a Canadian court for that kind of component of your overall training program,” says Logan Breed, a partner at Hogan Lovells LLP in offence. In the U.S., monetary fines can easily reach “up to $100-million per offence or up to twice the Washington, D.C., who spoke at the CBA 2013 Competition Law Conference in October. “The 29 CCCA Canadian Corporate Counsel Association HIVER 2013 gain or loss associated with the illegal conduct,” says